EHRC advice note for higher education providers
The Equality and Human Rights Commission (EHRC) has issued an Advice note for the higher education sector from the legal case of University of Bristol vs Abrahart (equalityhumanrights.com), 10 July.
This follows the High Court decision in University of Bristol v Abrahart, where a university was held liable under the Equality Act after it had insisted on continuing with oral assessments of a physics student who had depression and social anxiety disorder. The student committed suicide.
Coffee shops
My page Examples of adjustments and discrimination: service providers updated for STAMMA’s Ordered a coffee recently? (stamma.org), which links to their new guide Stammering & coffee shops (pdf, stamma.org).
STAMMA say to share your story with them if you’ve faced discrimination when buying a coffee – eg if you’ve been laughed at, mimicked or ridiculed.
STAMMA say too that they are in conversation with two major high street coffee shop brands about the changes they can make to ensure their outlets are inclusive for people with communication differences.
Indirect discrimination: Rollett case
In British Airways v Rollett & others, the Employment Appeal Tribunal accepted that under the EU court decision in CHEZ, s.19 EqA should be re-interpreted to allow claims for indirect discrimination by people who did not have the protected characteristic but suffered the same disadvantage.
For claims arising after 2023, this is in any event allowed by s.19A EqA: Indirect discrimination>S.19A: Indirect discrimination “by association” – now updated for Rollett.
Instructions and pressure (s.111 EqA)
Who is liable under the Equality Act>”Instruct”, “cause”, and “induce” added regarding s.111 EqA, for the EAT decision in Bailey v Stonewall (bailii.org), July 2024, on the meaning of those terms. I’ve included some thoughts on uncertainties in applying that to disability discrimination.
Also added the same Bailey case as an example of the relationship between inducer and inducer in S.111(7): relationship between inducer and inducee.
I’ve also added briefly NHS Trust Development Authority v Saiger (bailii.org), EAT, 2017, which said that under s.111(7) EqA both A and B can be corporate bodies in S.111(7): relationship between inducer and inducee.
Equal Treatment Bench Book
New edition published of the Equal Treatment Bench Book, July 2024 (pdf, judiciary.uk). Since February 2021 it includes four pages specifically on stammering.
My page Appearing in court with a stammer links to the new version but is not yet updated for it.
Pipe v Coventry University
In Pipe v Coventry University, the claimant’s disabilities made it difficult for him to get a PhD. The university required candidates for promotion to be on a pathway to a PhD or equivalent. It also required there to be a business case for the role. The claimant’s disability discrimination claims failed, because there was no business need in the relevant years, so that even without the PhD requirement he would not have been promoted. This was a Court of Appeal decision.
There are, however, Employment Appeal Tribunal (EAT) decisions – not considered in Pipe – which seem to say that a reason arising from the disability can have a significant influence (so that s.15 applies) even if the unfavourable treatment would have happened without it. As regards whether Pipe affects this, I’ve updated Discrimination arising from disability>If unfavourable treatment would have happened even without the something arising from the disability?
Cases which arose pre-Brexit
In Lipton v BA Cityflier, July 2024, a majority of the Supreme Court considered that even for claims which arose before Brexit, higher courts in Britain are not necessarily bound to follow EU court decisions. Link: Accrued EU Law rights take off in the Supreme Court (eurelationslaw.com), 16/7/24.
Brexit updates
I’ve updated:
- Brexit: Effect of EU law when interpreting Equality Act, from 2024
- Retained EU Law Act 2023
- Brexit, EU law and disability discrimination under Equality Act 2010
- EU Framework Employment Directive
- UK-EU Trade and Cooperation Agreement>Equality Act as at 1st January 2021: s.29 EU (Future Relationship) Act 2020
- Archive: Effect of EU law when interpreting Equality Act, 2021 to 2023.
- Previous updates Website updates May to June 2024.
